Graham v. Hartford Life Ins. Co., et al.

Plaintiff sued Hartford seeking coverage under his life insurance policy for accidental dismemberment benefits after he suffered serious injuries to his eyes when a can of oven cleaner exploded in his face. The district court dismissed plaintiff’s suit, concluding it was untimely because it was brought three years after the loss, outside the policy’s time limitations for bringing legal actions against Hartford. Plaintiff appealed, arguing that he brought suit within Arkansas’s five-year statute of limitations for breach of contract actions, Ark. Code Ann. 23-79-202(b). The court agreed with plaintiff and held that prior case law was inconsistent with Hartford’s contention that the “period prescribed by law” referred to in section 23-79-202 meant something other than the full five-year period set forth in Ark. Code Ann. 16-56-111. Accordingly, the court reversed and remanded.